Removal of Countries from the J-1 Exchange Visitor Skills List Including China and India

 

Effective December 9, 2024, the Department of State (DOS) has published a significant update to the J-1 Exchange Visitor Skills List. This Skills List determines whether certain J-1 visa holders are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act. This update is poised to impact numerous J-1 visa holders worldwide.

The Purpose of the Skills List

The J-1 Exchange Visitor Skills List identifies countries that require the services of individuals engaged in specific fields of specialized knowledge or skills. If a J-1 exchange visitor’s country is listed, they are subject to the two-year foreign residence requirement. This requirement obliges the visitor to return to their home country for at least two years after completing their program before they can apply for certain U.S. immigration benefits, such as an H-1B visa or a green card.  

The DOS utilized a revised methodology for this update that takes into account factors such as the country's overall economic development (measured by per capita GDP), country size and outbound migration rates.  

Countries Removed from the Skills List

The updated Skills List removes several countries from its purview, including China and India, which previously required J-1 visa holders to comply with the two-year home country requirement. Other removed countries include: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.

Retroactive Application

Significantly, J-1 visa holders who were admitted or obtained J status before December 9, 2024, are no longer subject to the requirement if their country is not designated in the revised Skills List. This change offers relief to many former J-1 visitors who had been subject to the two-year requirement based on their country’s inclusion in the previous list.

No Update to Skills

While the list of countries has been revised, the specific skills required for countries still on the list remain unchanged from the 2009 version. This update affects only the countries included in the Skills List, not the skills themselves.  It should be noted that the specific skills for each country are different. 

Implications for J-1 Visa Holders

This change significantly reduces the number of individuals subject to the two-year foreign residence requirement.  Those no longer subject to the requirement can pursue U.S. immigration options, such as H-1B status or a green card, without needing to fulfill the two-year stay abroad.  For professionals from removed countries, this opens new pathways for career advancement and settlement in the United States.  However, it should be noted that some J-1 visitors may still be subject to the two-year home country requirement.  These include those who received funding from the U.S. government or their home country government, and graduate medical education or training in the United States.

Conclusion

The DOS has committed to reviewing the Skills List every three years to ensure its alignment with global economic and migration trends. The previous update to the list was in 2009, making this the first revision in over a decade. The 2024 revision to the J-1 Exchange Visitor Skills List marks a pivotal development for J-1 visa holders. By removing numerous countries from the list, the DOS has eased immigration barriers for many skilled professionals. J-1 exchange visitors and their employers should review the updated list to understand its implications and explore new opportunities under the revised framework.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)